The Attorney General has moved to the High Court seeking to vacate conservatory orders that suspended the enforcement of sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
Through lawyer Paul Nyamodi, the AG filed an application under a certificate of urgency arguing that the orders, issued on October 22, 2025, were made ex parte and without the State being given a fair chance to respond.
In his application, Nyamodi told the court that the petitioners failed to serve their submissions as directed, leading to the issuance of conservatory orders in the absence of the respondents. He added that there is already a pending appeal before the Court of Appeal challenging the same provisions of the law.
According to the Attorney General, the Court of Appeal is currently seized with Civil Appeal No. 197 of 2010: Bloggers Association of Kenya v Attorney General & 4 others, a matter that similarly contests the constitutionality of Section 27 of the Computer Misuse and Cybercrimes Act.
The AG argues that it would be premature and prejudicial for the High Court to continue entertaining applications or to issue fresh conservatory orders while the issue remains active before the appellate court.
In the application, the AG is asking the High Court to stay or set aside the conservatory orders issued on October 22 and to list the matter for priority hearing.
